Legal

Privacy Policy

This Privacy Policy is effective as of January 1, 2020.

Thank you for visiting the Five9, Inc. website (the “Site”). Five9 respects your privacy, and we have created this privacy policy (“Privacy Statement”) to help you understand what information we collect when you visit www.five9.com and how that information is used. Your use of the Site is governed by this Privacy Policy. This Privacy Policy applies only to data collected by Five9 through the Site and does not apply to data provided to Five9 by any other means, such as in connection with services provided by Five9 to customers under specific agreements between Five9 and the customer.

What Information Do We Collect?

We collect information from you when you use the Site with or without registration, upon registration, and when you place an order, subscribe to our newsletter, or respond to a survey. Upon registration and in connection with placing an order, you may be asked to enter certain personal information, such as your first and last name, email address, physical address, company name, phone number, and username and password. You are responsible for ensuring the accuracy of the information you submit to Five9 in connection with your use of the Site. You are also responsible for your use of your password and its use by anyone to whom you disclose it or who obtains from you. If you use the Site without registration, the only information we collect will be non-personal information related to your IP address, web browser, and operating system information.

How Do We Use Your Information?

The information we collect from you in connection with the Site may be used in one or more of the following ways: to customize and personalize your experience using the Site (your information helps us to better respond to your individual needs); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); and to send communications to you, including emails.

Five9 uses a variety of third party advertising and analytic service to help analyze how you use the Site. Five9 and these services use "cookies," which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. Some of the information generated by the cookies about your use of the website (including IP address) is transmitted to service providers and used to evaluate your use of the Site and to compile statistical reports on website activity and audience data for Five9. These services include Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Using these services, third-party vendors, including Google, may show you ads on sites across the Internet. Additionally, these services can be used to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. Five9 also uses Audience and Interest data (such as age, gender, and interests) to improve our website content and advertising.

You may choose to accept or decline cookies. Most Web browsers automatically default to accept them, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

Google provides opt-out settings for Google Display Network Ads and Google Analytics for Display Advertising.

If you want to opt-out of Analytics for the web, visit the Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser.

By registering, you consent to Five9 sending you communications and marketing materials related to services or products provided to you by Five9 or that may otherwise be of interest to you, including services or products of our partners or third parties. You will have an opportunity to opt-out of receiving marketing communications by following the instructions provided in the communication.

Disclosure of Personal Information to Third Parties

We do not share, sell or trade your personal information except as described in this Privacy Policy. We share certain categories of information we collect from you with trusted third parties that assist us in operating the Site, conducting our business or providing you with services, so long as those parties agree to keep your information secure and confidential. We also reserve the right to disclose your personal information as required by law and when disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on the Site or Five9. Five9 may sell, transfer or otherwise share some or all of its assets, including personal information, in connection with or in anticipation of a corporate event, including a merger, acquisition, sale of stock, recapitalization, reorganization or sale of assets or in the event of bankruptcy.

Notice to Residents of Countries Outside the United States of America

Five9 is headquartered in the United States. We recognize that other countries and the European Community have established data protection regimes which may be more protective of any data you may provide. If you live outside the United States, by using the Site and providing information to us through the Site, including upon registration, you agree and consent to our collection, transfer, and processing of such data in accordance with this Privacy Policy under the applicable laws of the United States. When you use the Site or provide information, you are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction.

Links to Other Sites

The Site contains links to other third party websites. Five9 is not responsible for the privacy practices of such third-party websites. We strongly recommend that you review the privacy policy of each website that you access prior to providing any personal information to make sure you understand what data is collected and how such data is used by third parties.

California Residents - Disclosure to Third Parties
Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” California residents who use this Site are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal information we share with third parties for their direct marketing purposes. That notice will identify the categories of information shared, the third parties and affiliates with which it was shared, and their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the contact address below. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.

California Residents - Do Not Track Notice
Except as described above with regards to Google Analytics services, Five9 does not track its visitors to this site over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. You may opt out of tracking via Google Analytics as described above. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Updating Your Personal Information

If you wish to modify personal information previously provided on the Site, or if you have any questions regarding this Privacy Statement or this Site, please contact:
Five9 Inc.
Attn: Privacy
4000 Executive Parkway, Suite 400
San Ramon, CA 94583
United States

You may also send privacy questions and requests to privacy@five9.com.

Changes to this Privacy Policy Content

We occasionally update this Privacy Policy to reflect changes in our products and services and customer feedback, or if required by applicable US law. When we post changes, we revise the “last updated” date at the top of this statement. Your use of the Site is subject to the then effective Privacy Policy.

Data Protection Compliance

For the purposes of this section, the term "Data Protection Legislation" means the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (S/2000/2699), when applicable, the General Data Protection Regulation (EU) 2016/679 and any laws or regulations implementing or made pursuant to such regulation (the "GDPR") and any amendments or replacement to them and all other applicable laws and regulations relating to the processing of personal data and privacy. Five9 will comply with all applicable GDPR regulations and requirements and agrees to the terms in this Privacy Policy including but not limited to as it relates to GDPR.

Scope of Information Collected

Five9 may request marketing information from existing and future business contacts including a business name, address, a telephone number, a business contact and their business email. To the extent such information includes an identified or identifiable natural person or any related information (referred to as, “personal data”), the information being collected will be limited to marketing purposes designed to provide existing and future business contacts with information regarding Five9’s products and services.

Personal data collected by Five9 will be collected fairly and lawfully. The collection of such data is limited to the marketing purposes defined in this policy and any changes to such purposes will be disclosed and require prior consent before they take place. Moreover, the personal data will not be sold or shared with third parties, except to the extent required to technically deliver the marketing services.

Five9 also agrees that while using the data for the marketing purposes defined above it will not at any time, now or in the future, use the information in a manner different than from its original purpose. Five9 will take every commercial reasonable measure to ensure that personal data received is accurate and updated in a timely manner. Information received outside of the marketing process will not be used for marketing purposes. Five9 may keep a record of correspondence and related information from customers and prospective customers.

Disclosure and Use of your information

Five9 may disclose your personal information to any Five9 affiliate, including subsidiaries, its EU holding company and their subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable). Where any such member is outside the EU, this transfer will be on the basis of a contract including the Model Contractual Clauses in accordance with the Data Protection Laws.

Five9 will take appropriate measures to ensure that personal data is kept secure. Five9 will use security measures to prevent personal data from being lost, used, or accessed in an unauthorized manner. All processing of personal information will be authorized and subject to Five9 confidentiality policies.

Five9 has procedures in place to manage a data security breach. Five9 will notify all impacted individuals and the applicable regulators of a data security breach in a timeframe compliant with the GDPR.

Opt-Out Use and Storage

Any business or individual will have the option to opt-out and be excluded from Five9 marketing data stores. Individuals who consent to the use of their personal data will not be subject to a method of communication that they have not previously agreed to. Five9 will update personal data within thirty (30) days of a request to correct personal data. Personal information will be deleted within 30 days of the receipt of a written request. Individuals who wish to exercise their right to be forgotten and to erasure shall send an email to Five9 at privacy@Five9.com detailing their request which will be archived and processed by Five9 followed by a notice of affirmation. Five9 disclaims and shall be held harmless and without fault or liability to the extent any individual requests or consents requested pursuant to this under this policy cannot be completed as directed pursuant to applicable law or statute or arising from a contractual obligations between the parties.

Your Rights Under CCPA

For purposes of compliance with the California Consumer Privacy Act, in addition to the further details as described throughout this Privacy Policy, we make the following disclosures:

We collect the following categories of personal information: Identifiers/Contact Information, Commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.
We sell the following categories of personal information: Identifiers/Contact Information, Internet or other electronic network activity information, and inferences drawn from the above.
We disclose the following categories of personal information for a business purpose: Identifiers/Contact Information, Commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

As a California consumer, you have specific rights regarding your personal information which are outlined below.

Right to Access Information

You have the right to ask that Five9 disclose certain information to you about our collection and use of your personal information in the past twelve (12) months. Once Five9 processes your request, we will disclose to you:

The categories of personal information Five9 collected about you;
The categories of sources from which your personal information was collected;
Five9’s business or commercial purpose for collecting or selling that personal information;
The categories of third parties with whom Five9 shares your personal information; and
The specific pieces of personal information we collected about you in a usable and portable format (also called a data portability request).

If Five9 sold or disclosed your personal information for a business purpose, we will disclose:

The sale and identify the personal information categories that each category of recipient purchased; and
The disclosures for a business purpose and identify the personal information categories that each category of recipient obtained.

Right to Request Deletion

You have the right to request that Five9 delete any of your personal information we have collected from or about you unless otherwise required. Once we process your request, Five9 (and our third parties) will delete your personal information except when:

Five9 needs to retain the personal information to comply with applicable law, exercise our rights, detect and protect against fraudulent and illegal activity, or comply with other legal obligations;
Five9 is using the personal information internally in a manner that you have authorized or is reasonably within your expectations as a consumer, such as if we need to complete a transaction for you.

How to Exercise Your Rights

If you would like to exercise any of the above rights, please note:

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request regarding your personal information. We may take steps to verify your identity before completing your request. You may also make a request on behalf of your minor child. You may only make a request to Five9 for access or data portability two (2) times within a twelve (12) month period.

Please also note that you are not required to create an account with Five9 to exercise your rights, however, if Five9 cannot verify your identity or authority to make the request, we won’t be able to proceed with your request.

You may make a request at no cost or fee to you unless Five9 determines that such request is excessive, repetitive, or unfounded. In this case, Five9 will inform you of the cost to comply with such request prior to carrying out your request.

Your Right to Opt Out/”Do Not Sell” Right

You have the right to opt out of sharing or “sale” (as defined under CCPA) of your personal information. To exercise your right, please submit this form here or contact privacy@five9.com.

Your Rights Under GDPR

Under the GDPR individuals have a number of personal information rights without cost or expense. These rights include the following:

to access to their personal data and to certain other supplementary information pursuant to this Policy
to have any personal data corrected by Five9 or its subprocessors
to erase personal data in certain situations
to object to the processing of personal data arising from marketing activities detailed in this Policy
to object to decisions being taken by automated means which produce legal effects
in certain other situations, to object to continued processing of personal data
to claim compensation for damages caused by a breach of data protection laws

For further information on each of these rights, including the circumstances in which they apply, refer to the Guidance from the United Kingdom (UK) Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation. GDPR also gives individuals the right to lodge a complaint with a supervisory authority in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws has occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

Five9 has a defined process for responding to complaints by Five9 customers and individuals who have received marketing materials, including complaints related to inaccurate personal or business data collected. Upon receipt of the complaint, Five9 will promptly provide information to the complaining party and ensure the complaint is understood, mediated and resolved in good faith, with fair dealing and without undue delay or prejudice.

For region-specific notices, please refer to our Regional Information page found here.

Terms of Use

The following are terms of a legal agreement between you and Five9 regarding your access and use of this website (the “Site”). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.

Five9 may at any time, without notice to you, revise these Terms of Use and any other information contained in this website by updating this posting. Five9 may also make improvements or changes in the products, services, or programs described in this Site at any time without notice.

General

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Five9's prior written consent, except that Five9 grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Five9 does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another website or in any other media.

Certain Disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Five9 assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

Five9 provides no assurances that any reported problems will be resolved by Five9, even if Five9 elects to provide information with the goal of addressing a problem.

Forward-Looking and Cautionary Statements

Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the US Securities and Exchange Commission, under the caption "Risk Factors" and elsewhere in such reports.

Confidential Information

Five9 does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Five9 will be deemed NOT to be confidential or proprietary to you or any third party. By sending Five9 any information or material, you grant Five9 an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such material or information. You also agree that Five9 is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Five9 for the purpose of receiving products or services will be handled in accordance with our privacy policy.

Global Availability

Information Five9 publishes on the World Wide Web may contain references or cross references to Five9 products, programs, and services that are not announced or available in your country. Such references do not imply that Five9 intends to announce or make available such products, programs, or services in your country. Please consult your local Five9 business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This website may provide links or references to non-Five9 websites and resources. Five9 makes no representations, warranties, or other commitments whatsoever about any non-Five9 websites or third-party resources that may be referenced, accessible from, or linked to any Five9 site. A link to a non-Five9 website does not mean that Five9 endorses the content or use of such website or its owner. In addition, Five9 is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Five9 site. Accordingly, you acknowledge and agree that Five9 is not responsible for the availability or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Five9 website, even one that may contain the Five9 logo, please understand that it is independent from Five9, and that Five9 does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this website must have prior approval in writing by Five9. With such prior written approval, Five9 may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with Five9; (c) imply that Five9 approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Five9 or otherwise damage Five9’s reputation or the goodwill associated with the Five9 name or trademarks. As a further condition to being permitted to link to this Site, you agree that Five9 may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Five9 trademark or trade name.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FIVE9 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FIVE9 MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL FIVE9 BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FIVE9 IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional Terms

These Terms of Use do not create any third party beneficiary rights.

If you do not comply with these Terms of Use, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, US, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the federal or state courts located in San Francisco, California, US, and you and Five9 consent to personal jurisdiction in those courts.

For information about how to contact Five9, please visit our Contact page.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Copyright & Trademark

Trademarks Owned by Five9

Five9 and the Five9 logo are registered trademarks in the United States. Please note that laws concerning use and marking of trademarks or product or service names vary by country. Always consult a local attorney for additional guidance.

Some common law marks used by Five9 may not be listed on this page. Failure of a mark to appear on this page does not mean that Five9 does not use the mark nor does it mean that the product or service is not actively marketed or is not significant within its relevant market.